[HISTORY: Adopted by the Borough Council of the Borough of
Milford 8-2-2004 by Ord. No. 364. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases,
words and derivations thereof shall have the meaning given in this
section.
Any vehicle not stored in a fully enclosed building which
is not in good operating and road-worthy condition.
Any vehicle 25 years or older which has been restored to
good operating and road-worthy condition.
The Borough of Milford, Pike County, Pennsylvania.
Any vehicle of limited manufactured production from the present
to 24 years old, in good operating and road-worthy condition.
The Council of the Borough of Milford, Pike County, Pennsylvania.
Any building or structure which has any one or combination
of the following defects:
Damage by fire, wind, or other causes which make the building
or structure dangerous to life, safety, or the general health and
welfare of the occupants, the citizens of the Borough, or the public
at large.
So dilapidated, decayed, unsafe, unsanitary, rodent-infested
or which fail to provide the amenities essential to decent living
that the said building or structure is unfit for human habitation
or is likely to cause accidents, sickness, or disease.
Parts which are so attached that the said parts may fall and
injure the occupants, the citizens of the Borough, or the public at
large.
Not adequately and properly ventilated.
Does not have facilities for the discharge of all household
sewage and gray water wastes into a public or private system meeting
Borough and state standards.
A general condition which is unsafe, unsanitary or dangerous
to the general health and welfare of the occupants, the citizens of
the Borough, or the public at large.
Any structure having a roof supported by fully enclosed exterior
weight-bearing walls and intended for the shelter, housing or enclosure
of any individual, animal, process, equipment, services, goods or
materials of any kind or nature. Temporary structures such as tents
or tarpaulins, and trailers, boxes and other containers are not considered
buildings.
A vehicle having both a current and valid registration and
current and valid inspection sticker as required by the motor vehicle
laws of the Commonwealth of Pennsylvania, or if lacking a registration
and/or inspection sticker, is in full and complete working order and
condition and but for not having said current registration and inspection
sticker, could be safely and legally operated on a public roadway.
Registrations and inspections which have been expired for less than
60 days shall be considered current for the purposes of this definition.
Any scrap, waste, refuse, reclaimable material or debris, vehicles,
appliances, equipment or machinery, or parts thereof, whether or not
stored or used in conjunction with dismantling, processing, salvage,
storage, baling, disposal or other use or disposition. Junk shall
include, but not be limited to:
Scrap iron, tin, brass, copper, lead, zinc and all other metals
and alloys; bones, rags, paper, used cloth, used rubber, used rope,
and similar materials; old or used, or parts of machinery, vehicles,
tools, appliances, furniture, plumbing, heating and other fixtures,
and pipe and pipe fittings;
Used lumber, boxes, crates and pallets;
Used tires;
Other worn, deteriorated, or obsolete manufactured goods which
are unusable;
Mobile/manufactured homes that are not in habitable condition;
and
Abandoned or junked vehicles.
Junk shall not include:
Any solid or liquid waste, the disposal of which is regulated
by the Pennsylvania Department of Environmental Protection;
Agricultural vehicles and implements such as tractors, mowers,
etc., for use as parts for equipment and machinery used as part of
an active, ongoing agricultural operation provided such equipment
is stored on the premises of the operation, can be legitimately used
for parts, and is adequately screened; and
Construction and contractors equipment for use as parts for equipment and machinery used as part of an active, ongoing contracting business legally operating in accord with Chapter 312, Zoning, provided such equipment is stored on the premises of the operation, can be legitimately used for parts, and is adequately screened.
Any unreasonable, unwarrantable or unlawful course of conduct
or use of private or public property which causes or may cause injury,
damage, hurt, inconvenience, annoyance, interference, or discomfort
to others in the legitimate use and enjoyment of their rights of person
or property.
The person owning, leasing, renting, occupying or having
charge of any premises in the Borough.
Any natural person, firm, partnership, association, corporation,
company, club, copartnership, society, or any organization of any
kind.
Any street, highway, road, or alley maintained by the Borough
or by the Commonwealth of Pennsylvania.
Not visible from any adjoining or neighboring property, any
public or private road right-of-way, or any other premises which is
accomplished by fencing, topography, berms, natural and planted vegetation
or other means approved by the Borough Council.
Any grass, weed, vegetable, crop, shrub, or other plant.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway or upon any land,
including, but not limited to, automobiles, trucks, vans, buses, utility
trailers, tractors, truck tractors, recreational vehicles, motor homes,
travel trailers, motorcycles, machinery, trailers, farm machinery
and implements, and other wheeled equipment, boats, and aircraft.
Any garbage, refuse, industrial, lunchroom or office waste or
other material, including solid, liquid, semisolid or contained gaseous
material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities.
The term shall also include any garbage, refuse, other discarded
material or other waste. Including solid, liquid, semisolid or containing
gaseous materials resulting from industrial and mining operations,
local facilities or any other by-product or effluent from an industrial,
mining or agricultural water supply treatment facility, wastewater
treatment facility or air pollution control facility or any other
material defined by the Pennsylvania Department of Environmental Protection
as solid, liquid, municipal, medical, industrial, toxic or hazardous
waste.
In the interest of protecting and promoting the public health,
safety and welfare, nuisances, including, but not limited to, the
following are hereby declared to be illegal and it shall be unlawful
for any person or persons to make, maintain, cause or permit to be
made, maintained or caused any such nuisance:
B.
C.
Burning of any tires, tar products, plastic, waste or garbage, or
any other material which emits any noxious or annoying fumes, smoke
or gases, except for burning of leaves, brush, and paper products
conducted in accord with the Milford Borough Code.
D.
Any dangerous building.
E.
Permitting the growth of any vegetation which presents a public safety
hazard by limiting the vision or right-of-way of travelers on any
public road, or which has been permitted to grow to conceal any violation
of this chapter. This shall not affect any requirement for screening
provided in accord with any other Borough ordinances.
F.
Permitting or allowing any well, cistern, or similar structure to
be or remain uncovered.
G.
Pushing, shoveling or otherwise depositing snow or other material
upon the shoulders or traveled portion of any public road.
H.
Any noise source which, due to intensity, frequency, duration, location,
lack of shielding or other reason, causes injury, damage, hurt, inconvenience,
annoyance, or discomfort to others in the legitimate use and enjoyment
of their rights of person or property.
I.
Any light source which, due to intensity, frequency, duration, location,
lack of shielding or other reason, causes any direct or sky-reflected
glare visible at the property line of the property on which the light
source is located, or which causes any safety hazard to any driver
on any public or private road.
J.
Any other such action, nonaction, situation or physical object which
by its nature is deemed by the Council to constitute a public nuisance
under the terms of this chapter.
The Council may appoint one or more enforcement officers, who
may be an individual, firm or agency of the Borough, to conduct inspections,
make reports and administer other parts of this chapter as determined
by the Council. In the conduct of his duties, the enforcement officer,
with the authorization of the Council, may engage the services of
competent engineers or other consultants to determine the nature and
extent of any nuisance.
A.
All places and premises in the Borough shall be subject to inspection
by the Council or enforcement officer if the Borough has reason to
believe that any provision of this chapter is being violated, provided
the owner of the premises grants permission for such inspection or
the Borough has obtained the necessary authority in accord with applicable
law.
B.
Provided access is effected in accord with this section, it shall
be unlawful for any person to hinder, delay, resist or prevent the
Council or enforcement officer from having full access to any place
or premises upon which a violation of this chapter is believed to
exist.
Upon receipt of a complaint, the Borough shall not be obligated
to proceed with any action to determine if a violation of this chapter
exists unless such complaint is made in writing and it includes the
name and address of the person registering the complaint. The Borough
maintains the confidentiality of the name and address of the person
registering the complaint unless otherwise required by law to release
such information.
A.
Service of notice. Whenever the Council or the enforcement officer
determines that a nuisance exists in the Borough, the Council or the
enforcement officer shall prepare a written notice to be served on
the owner and/or tenant of the premises on which the nuisance is located
or originates. The written notice shall be served by one or more of
the following methods:
B.
Public property. If a nuisance is found on any public property or
premises, or on any public road right-of-way, notice in writing shall
be given to the person responsible for the nuisance in accord with
this chapter and all other provisions of this chapter shall apply.
C.
Content of notice.
(1)
The notice shall enumerate the conditions which constitute the nuisance
and what action is required to abate the nuisance. Such actions may
include, but shall not be limited to, demolition, repairs, alterations,
fencing, discontinuance, removal, screening, and/or covering.
(2)
The notice shall include a time frame for the abatement of the nuisance,
with such time frame established by the Board, or its duly appointed
representative, based upon the nature of the nuisance and providing
a reasonable period for the owner to take the required action. However,
in no case shall the period for abatement of the nuisance exceed 90
days from the time notice is served upon the owner, and, in certain
cases, immediate correction may be required.
A.
Compliance. Failure to comply with any provision of this chapter,
and/or failure to comply with an order to abate a nuisance, shall
be violations of this chapter.
B.
Borough removal. All costs associated with the abatement of the nuisance, including, but not limited to, materials and labor, shall be borne by the owner of premises upon which the nuisance is located or originates. If the violator fails to abate the nuisance within the specified time period, the Borough may effect such removal and clearing, and the cost of the same, plus 20% thereof, shall be paid by the owner or violator. The recovery of such costs of abatement may be in addition to the penalty prescribed in § 205-8 of this chapter. The Borough may also take enforcement action under the terms of this chapter. All property deemed junk under the terms of this chapter which remains on the premises after the time period specified in the notice shall be presumed to be abandoned and to be of no value and the same may be disposed of by the Borough on behalf of the violator in accord with all applicable laws.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Failure to comply with any provision of this chapter, and/or
failure to comply with an order to abate a nuisance, shall be violations
of this chapter. Any person who violates or permits a violation of
this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough correctional
facility for a period not exceeding 10 days or to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Pike County.
